Understanding Fault in Auto Accidents in Pennsylvania

When an auto accident occurs in Pennsylvania, determining who is at fault for any damages and injuries can be complex. Unlike some states, Pennsylvania follows a modified comparative negligence rule and a no-fault insurance system, which can make determining fault for an auto accident rather complicated. This system has a substantial impact on the amount you can recover or are required to pay after an auto accident. For that reason, it is important to understand how fault is determined in an accident in Pennsylvania.

Comparative Negligence

Under Pennsylvania's 51% modified comparative negligence rule, each driver in a vehicle crash may be assigned a percentage of fault. If you are found to be more than 50% at fault, you cannot recover damages from the other driver. However, even if you are 50% or less at fault, it is still possible to recover some of your damages. However, any damages award will be reduced by the percentage of fault assigned to you.

For the following examples, let's assume your damages are $100,000.

Example 1: If you are 20% at fault and the other driver is 80% at fault, you may only recover $80,000 (80%).

Example 2: If you are found to be 45% at fault, and the driver of the other vehicle is 55% at fault, you recover only $55,000 (55%)

Example 3: However, if you are 51% at fault and the other driver is found to be 49% at fault, you recover nothing.

Unfortunately, you cannot recover damages in Pennsylvania if you are af fault by even slightly more than 50%.

Choice No-Fault Insurance

Pennsylvania is one of the few states with a "choice no-fault" insurance system. When purchasing insurance, drivers can choose between limited tort and full tort coverage:

• Limited Tort coverage limits you to suing for pain and suffering only if your injuries are considered "serious."
• Full Tort preserves your right to sue for pain and suffering without regard to the extent of your injuries.

Generally, full-tort coverage is more expensive. However, you are more likely to recover for pain and suffering with Full Tort coverage, as many seemingly severe injuries do not meet the "serious injury" criteria (a relatively high bar in Pennsylvania).

Regardless of the choice, fault still matters because insurance companies and courts use fault determinations to decide who pays for medical bills, property damage, and compensation beyond no-fault benefits.

Determining Fault

In Pennsylvania, fault is typically established through police reports, witness statements, traffic laws, and insurance investigations. Common factors include whether a driver was speeding, distracted, intoxicated, or violated a traffic law. Courts may ultimately decide fault if the case goes to trial.

Why Fault Matters

Establishing fault can impact:

• Insurance payouts for vehicle repairs and medical expenses.
• Your ability to sue for pain and suffering.
• Your potential liability for the other driver's damages.

Because Pennsylvania law combines comparative negligence with choice no-fault insurance, auto accident claims can be legally complex. Speaking with an experienced Pennsylvania personal injury attorney can ensure that fault is fairly determined and your rights are protected.